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Have You Been a Victim of a Constructive Dismissal?

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We Know Constructive Dismissal Laws

Matern Law Group, PC is an employment law firm located in San Bernardino, CA.

Constructive Dismissal happens when an employer has committed a serious breach of contract, entitling the employee to resign in response to the employer’s conduct. The employee is entitled to treat him or herself as having been “dismissed,” and the employer’s conduct is often referred to as a “repudiatory breach.”

Most states recognize the legal concept of constructive dismissal, in which an employee quits because the working conditions have become so intolerable that he or she can no longer work for the employer. Even though the employee voluntarily quit, the employee had no reasonable alternative because of the intolerable working conditions.

If the employer’s actions constitute unlawful conduct or a breach of an express or implied employment contract, the employee may have a claim for wrongful constructive dismissal.

However, an employee can’t just simply quit and claim that he or she was constructively dismissed. For example, California requires an employee to prove that:

  • His or her working environment was so unusually adverse that a reasonable employee in his or her position would have felt compelled to resign, and
  • The employer either intended to force such resignation or had actual knowledge of the intolerable working conditions.

An employee claiming to have been constructively dismissed must show that the conditions giving rise to the resignation were sufficiently extraordinary and egregious to overcome the normal motivation of a competent and reasonable employee to remain on the job.

If you believe you’ve been a victim of wrongful termination by constructive dismissal, please reach out. Our employment law team knows California laws and can help you fight for justice.

Matern Law Group, PC is committed to obtaining justice for you. We pride ourselves on delivering exceptional legal services to our clients.

Call us at: 855-962-3652 or fill out the form below to discuss your issue.

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